November 8, 2011 Jeff George Sandoz AG Lichtstrasse 35 CH-4058 Basel Switzerland Don DeGolyer Sandoz Inc. Princeton, New Jersey 08540Allocation of Preliminary Injunction Bond Liability • February 28th, 2012 • Momenta Pharmaceuticals Inc • Biological products, (no disgnostic substances)
Reference is hereby made to the Collaboration and License Agreement (the “Agreement”) entered into as of November 1, 2003 by and among Sandoz AG (via assignment from Sandoz N.V. (f/k/a Biochemie West Indies N.V.)), Sandoz Inc. (f/k/a Geneva Pharmaceuticals, Inc.) (collectively, “Sandoz”) and Momenta Pharmaceuticals, Inc. (“Momenta”) (Sandoz or Momenta, a “Party”, and together, the “Parties”). Reference is also made to the letter agreement attached hereto (the “Amphastar Litgation Letter”) dated September 22, 2011 among the Parties relating to the mechanics, lead role, allocation of costs, and allocation of damages or settlements pursuant to Section 8.7 of the Agreement in relation to the patent infringement suit filed by Momenta and Sandoz against Amphastar Pharmaceuticals, Inc., Watson Pharmaceuticals, Inc. and/or their appropriate subsidiaries, affiliates, agents and distributors (the “Amphastar Litigation”) as well as the letter referenced therein dated December 1, 2010 and executed
Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. DEVELOPMENT, LICENSE AND OPTION AGREEMENT BY AND AMONG MOMENTA PHARMACEUTICALS, INC., BAXTER INTERNATIONAL INC., BAXTER...Development, License and Option Agreement • February 28th, 2012 • Momenta Pharmaceuticals Inc • Biological products, (no disgnostic substances) • Delaware
This Development, License and Option Agreement (the “Agreement”), executed the 22nd day of December, 2011 (the “Execution Date”), is made by and among Momenta Pharmaceuticals, Inc., a Delaware corporation (“Momenta”), with a principal place of business at 675 West Kendall Street, Cambridge MA 02142, Baxter International Inc., a Delaware corporation, with a principal place of business at One Baxter Parkway, Deerfield IL 60015-4625 (“BII”), Baxter Healthcare Corporation, a Delaware corporation, with a principal place of business at One Baxter Parkway, Deerfield IL 60015-4633 (“BHC”) and Baxter Healthcare SA, a Swiss corporation with a principal place of business at Thurgauerstrasse 130 Glattpark (Opfikon) 8152 Switzerland (“BHSA” and, together with BII and BHC, “Baxter”). Momenta and Baxter may each be referred to individually as a “Party” or, collectively, the “Parties”.
Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. ASSET PURCHASE AGREEMENT by and between: MOMENTA PHARMACEUTICALS, INC., a Delaware corporation; and VIRDANTE PHARMACEUTICALS,...Asset Purchase Agreement • February 28th, 2012 • Momenta Pharmaceuticals Inc • Biological products, (no disgnostic substances) • Massachusetts
